At the time of separation, the question quickly arises: “What if we did shared custody?” Presented as the fairest solution, shared residence is often seen as ideal for children. With a narcissistic ex-spouse, however, the reality is more complex.
You may be wondering whether you should accept it, whether refusing will hurt you in court, or how to challenge an existing shared custody arrangement that is causing your children distress. This article helps you gain a clearer understanding, but it is not a substitute for legal advice.
Shared custody in a nutshell
In French law, we speak more of shared custodyThe child lives alternately with each parent, according to a set schedule (one week on, one week off). Both parents continue to exercise parental authority together, meaning they continue to make important decisions concerning the child together.
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The parents can agree on this living arrangement, or the family court judge can decide. (See the information sheet) Parental authority in the event of parental separation service-public.fr presents the different options and offers contract templates.
The judge always rules based on thechild’s best interestsAmong the elements it takes into account, the Civil Code (article 373-2-11) notably mentions the parents’ previous practice, the feelings expressed by the child, each parent’s ability to respect the rights of the other, and the physical or psychological pressure or violence exerted by one parent on the other.
Why shared custody poses a problem with a narcissist
Shared custody works well when parents are able to communicate, have a minimum level of trust in each other, and put the child before their differences. With a parent exhibiting narcissistic tendencies, several difficulties arise.
Constant contact with the ex
Alternating between school and work requires frequent communication: forgotten items, homework, medical appointments, activities. Each interaction is an opportunity for conflict, reproach, or manipulation.
The child in the middle
A manipulative parent may use the child as a messenger, questioning them about the other household, belittling them in front of them, or pushing them to take sides. The child then lives one week out of every two in a climate of pressure.
A motivation that is sometimes ambiguous
Some parents request shared custody out of a genuine desire to care for their child. Others do so primarily to avoid “losing” custody, to reduce child support payments, or to maintain control over their ex-partner. In this second case, the child may receive little attention once they are with their former partner.
Communication difficulties that prevent joint decisions
Choosing a school, authorizing a field trip, arranging medical follow-up: everything becomes a negotiation, even a battle. We have detailed appropriate communication guidelines in our article on co-parenting with a narcissist.
Should we accept shared custody?
There is no single answer. It all depends on the situation, the children’s ages, the other parent’s behavior, and what you can demonstrate. A few questions can help you reflect.
- Was the other parent actually taking care of the children before the separation?
- Has there been any violence, physical or psychological, within the couple or towards the children?
- Are the children safe and calm when they are at his house?
- Are the homes close enough that school and activities remain the same?
- Is it possible to exchange a minimum amount of information in writing without escalation?
- How old are the children? For toddlers, alternating care raises particular questions of stability.
If several of the answers concern you, it is perfectly legitimate to request an alternative arrangement, such as primary residence with you and visitation rights for the other parent. This is not about depriving the child of their father or mother; it is about choosing the most protective framework.
How to contest or refuse shared custody
Refusing shared custody isn’t simply a matter of saying “he’s a narcissist.” The judge doesn’t have to rule on a psychological profile, but on the best interests of the child, based on concrete evidence.
Useful elements
- Written messages showing the impossibility of communication, the insults, the threats.
- The certificates relatives, teachers, professionals who have observed specific facts.
- Medical certificates for you or for the children.
- Complaints or police reports already filed.
- A journal of events : delays, missed treatments, absences from appointments, comments reported by children.
The measures that the judge can order
- another social survey, to assess living conditions in each household;
- another psychological expertise parents and children;
- thechild hearing capable of discernment, who can request to be heard;
- shared custody on a provisional basisfor a limited time, before a final decision.
If a shared custody arrangement is already in place and the situation deteriorates, you can petition the judge again to request a modification, providing new evidence.
To prepare for this step, read our articles Choosing the right lawyer to defend against a narcissist et winning in court against a narcissist.
In case of violence
If you or your children have experienced violence, the situation is different. The family court judge can issue a protection orderThis includes organizing the children’s residence and the terms of visitation rights. These visits can then take place in a supervised setting, in the presence of professionals.
The sheet Right of visitation and accommodation It is also worth noting that, as part of measures to protect victims, a judge may authorize a parent not to disclose their address.
Checklist: Prepare your file
- Consult a family law attorney as soon as possible, ideally before any written proposal from you.
- Do not sign any agreement under pressure, even provisional, without having it proofread.
- Gather the written evidence : messages, emails, letters, by saving them off your phone.
- Keep a dated journal of everything concerning children.
- Request certificates to people who witnessed specific events.
- Have it medically documented. any harm to your health or that of children.
- Stay focused on the child in your writings and to the audience: his needs, his security, his stability.
- Find out more about thelegal aid if your resources are limited.
What children experience in alternating periods
Beyond the legal framework, observe your children. They are the ones experiencing the alternating custody arrangements on a daily basis, and their reactions are valuable indicators.
- Do they return from the other parent’s house tense, angry, withdrawn, or on the contrary, calm?
- Do they experience sleep disturbances, stomach aches, or a drop in academic performance around the change of weeks?
- Do they report any derogatory remarks about you, or persistent questions about your life?
- Are they expressing fear, or are they refusing to go without being able to explain why?
Don’t interrogate them or ask them to choose. Listen, reassure them, and take notes. If their distress persists, a child psychologist can help them express what they are experiencing, and their professional perspective can shed light on the situation.
The accusation of parental alienation
A manipulative parent often accuses the other of “parental alienation” as soon as the child shows any reluctance to go to their home. This reversal can be very destabilizing, especially when you are the one protecting the child.
To prepare for this, read our article on parental alienation by the narcissistAnd for everyday tips, see our article. protect my daughter from her narcissistic father can help you.
Most importantly: visibly foster the child’s bond with the other parent when there is no danger, and meticulously document the facts when there is. This is the best way to protect yourself against this type of accusation.
FAQ
Does the judge automatically impose shared custody?
No. Shared custody is one possibility among others. The judge decides based on the best interests of the child, taking into account the information in each case.
Could refusing shared custody be detrimental to me?
A reasoned refusal, focused on the child and supported by concrete evidence, is not a problem. What can be detrimental is giving the impression of wanting to exclude the other parent without reason.
At what age can a child express their opinion?
There is no legally mandated age. Any child capable of discernment can request to be heard by the judge. Their opinion is taken into account, but they do not make the decision alone.
Can a previously agreed-upon shared custody arrangement be reversed?
Yes. If new information arises (relocation, deterioration of the situation, suffering of the child), you can ask the judge to modify the decision.
Conclusion
Shared custody isn’t inherently good or bad. With a narcissistic ex, it deserves to be examined carefully, focusing primarily on whether it protects the child or prolongs the conflict. Your role is to present the facts calmly and advocate for the safest arrangement for your children.
These procedures are trying. If you need support to stay calm and regain confidence, you can discover Supporting victims of narcissistic abuse.
This article is for informational purposes only and does not replace legal advice: consult a lawyer or a victim support organization for your specific situation. In case of danger: 3919 (Women’s Violence Information), 17 or 112; for a child in danger, call 119.
Sources
- Service-public.fr. Parental authority in the event of parental separation.
- Service-public.fr. Right of visitation and accommodation in the event of parental separation.
- Service-public.fr. Application to the family court judge: issuance of a protection order.
- Service-public.fr. Legal aid during proceedings in France.
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